St. Landry democrat. (Opelousas, La.) 1878-1894, 1887-04-30

ratification to Common Carrier OF VIOLA
ton of Act.
Sec. Is. That if in ANY case in which an
Investigation shall be made by said com
mission it shall be made TO appear 10 the
satisfaction of the commission, either by
the testimony of witnesses or other evil
dence, that anything has been done or
omitted to he done in violation OF the pro-
visions of this act, or OF any law cognlAa-
BILE by said commission, by any common
carrier or that any injury or damage mas
been sustained by the party or parties
complaining, or by other parties aggl1eved
in consequence of any such violation, 1t
shall be the duty of the commission to
forthwith cause a copy of its report III re-
spect thereto to he delivered to such com
mon carrier, together with q notice TO sad
common carrier to cease and des1st from
such violation, or to make PREPARATION Tor
the injury 50 found to have been done, or
both within reasonable time, to be specl-
fed by the commission; and If, within the
time specified, it shall be made to appear
to the commission that such common car
rier has ceased from such violation OF law,
and has made reparation for the injury
foHnd to have been done, in compliance
with the report and notice of the commits
IL, -
complaining statement to that effect
| shall be entered of record by the commits
| sion, and the said common carrier shall
| thereupon be relieved from further hab1l-
| ity or penalty for such particular violation
of law.
Petition TO United states Courts-Hear-
ing of Complaints Against Carriers.
! Injunction.
| Sec 16 That whenever any common
| carrier, rs defined in and subject TO the
| provisions of this act, shall violate or re-
| fuse or neglect to obey any lawful order
| or requirement of the commission III tins
| act named it shall be the duty OF the
| commission, and lawful for any company
| or person interested in such order or re-
| uuirement, to apply, in a summary way,
| by petition to the circuit court of the
| United States sitting in equity i'll the
| judicial district in which the common
! carrier complained of has its principal
office or in which the violation or dis
| obedience of such order or requirement
shall happen, alleging such violation "
! diSobedience, as the case may be; and the
! said court shall have power to near ana
| determine the matter on such snort hotlce
TO the common carrier complained or as
the court shall deem reasonable; ana such
| notice may be served Oh such common
carrier, his or its officers, agents, or serV-
| ants, in such manner as the court shall
direct: and said court shall proce az to
hear and determine the matter speedily as
court Of equity, and without the formal
pleadings and proceedings applicable to
ordinary suits in equity, but in such man
ner az to do justice in the premises; and
| TO this end such court shall have power, If
| -, nd fh n
such mode ami by such persons as it may
appoint, all such INQUIRIES nc ~" ""''"t
may think needful to enable it to form
a lust Judgment in the matter of such
petition: and on such hearing the report
of said commission shall be prima facie
evidence of the matters therein stated: and
if it be made to appear to such court, on
such hearing or on report of any such
person or persons, that the lawful order
or requirement of said commission drawn
in question has been violated or disobeyed,
it shall be lawful for such court to Issue a
writ of injunction or other proper process,
mandatory or otherwise, to restrain such
common carrier from further continuing
such violation or disobedience of such
order or requirement of said commission,
and enioining obedience to the same; and
in case of any disobedience of any such
writ of injunction or other proper process,
mandatory or otherwise, it shall be law
full for such court to issue writs OF attach
ment, or any other process Of said court
incident or applicable to writs of inJunc-
ton or other proper process, mandatory or
otherwise, against such common carrier,
and if corporation, against one or more
of the directors, officers or agents Of the
same, or against any owner, lessee, trus-
tee, receiver or other person failing to
obey such writ of injunction or other
proper process, mandatory or otherwise;
! and said court may, if it shall think fit,
make an order directing such common
carrier or other person so disobeying such
writ of injunction or other proper process,
mandatory or otherwise, to pay such sum
} of money not exceeding for each carrier or
person in default the sum of five hundred
dollars for every day after day to be
named in the order that such carrier or
other person shall fail to obey such in
junction or other proper process, man
datory or otherwise; and such moneys
, shall be payable as the court shall direct,
: either to the party complaining or into
} court to abide the ultimate decision of the
, court, or into the treasury; and payment
} thereof may without prejudice to any
other mode of recovering the same, be en-
forced by attachment or order in the
nature of a writ of execution, in like man.
ner as if the same had been recovered by
d final decree in personam in such court.
Appeal to Supreme Court.
When the subject in dispute shall be of
t the value of two thousand dollars or
more, either party to such proceeding be-
! fore said court may appeal to the supreme
co1,rt of tho Tinted States 1,nder tho
same regulations now provided by law in
respect of security for such appeal; but
such appeal shall not operate to stay Or
{ supersede the order of the court or the
execution of any writ OF process thereon
and such court may, in every such mat
ter, order the payment of such costs and
counsel fees as shall be deemed reason
able. Whenever any such petition shall
: be filed or presented by the commission il